Another "do as I say, not as I do" judge arrested for DUI

 

I encourage you read this excellent article at Lawyers.com about a Minnesota judge arrested for DUI.  Another informative article is here.  It is reported that the judge said he had six vodka drinks before his involvment in a motor vehicle accident.  His blood alcohol level was reportedly 0.28.

What?  0.28?  According to the blood alcohol chart here, it would take six drinks to give you a BAC of 0.28 if you weighed 100 lbs.  Seriously?  0.28?  A person with a BAC of 0.28 has severe motor impairment, may suffer loss of consciousness, and memory blackout.  That is seriously drunk.

Fortunately it does not appear that there were any injuries. 

A drink of your favorite alcoholic beverage may give you a nice pleasant feeling, and you would think that two drinks would make you feel even better.  But there is a point of diminishing return with alcohol.  When you drink more, instead of feeling better, you just turn into a sloppy drunk.  And if you drive, you are a risk to yourself and others.  If you are caught driving, the result will almost certainly be personally and professionally adverse. 

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Help the Economy - Stop Alcohol Abuse!

 

What is third leading lifestyle-related cause of death in the United States?  According to the Center for Disease Control and Prevention, it is excessive alcohol use. 

The CDC reports that alcohol abuse attributes to about 80,000 deaths each year in this country.  In 2006, there were more than 1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking. 

The economic costs of excessive alcohol consumption in 2006 were estimated at $223.5 billion.  Imagine what it is now with today's rising health costs. 

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California Attorney May Face Trial for Drug Possession

 

Chico State University may have the reputation of a "party school," and so too may one attorney there.  An attorney in Chico, California, who claims to be the "DUI King" may face trial himself for possession of cocaine and misdemeanor battery.  The story is here.  Essentially the attorney was arrested for alleged domestic violence.  The drug charge was added when his wife alerted authorities to a bottle containing cocaine locked in his office safe. 

Remember now, one is innocent until proven guilty.  And an arrest does not make the suspect guilty.  For instance, Rep. Tim Ryan (D-Ohio) was arrested in August for public intoxication, but the charges were dismissed.

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Lawyer Maimed in Possible Alcohol Related Incident

Everyone knows, or should know, that alcohol is a depressant that adversely affects the drinker's judgment.  The more you drink, the worse your judgment is affected.  Acting with impaired judgment may lead to very bad consequences.  In other words, when you drink, bad things can happen to you.

A New York attorney was reminded of the these truths and, while lucky to be alive, still suffered horrible injuries resulting from her apparent alcohol impaired decisions.  The sources we have managed to read do not confirm that alcohol played a part in the sad chain of events described below, so read on with an open mind and open heart. 

We don't know how we missed the following event, which occurred in late October, and we apologize for not blogging about this earlier.  But better late than never as they say.   

A New York attorney from Manhattan returned to her apartment building - possibly after a night of drinking - only to realize that she didn't have her keys.  This presented two immediate problems.  First, she needed a key to get into the apartment building.  Second, once inside the building, she needed a key to get into her apartment.

Our unfortunate attorney solved problem number one by ringing the bell of all the residents inside the building until finally someone buzzed her in.  The fact that it was around 6:00 a.m. undoubtedly caused some annoyance to her neighbors, but perhaps one should expect these things in Manhattan apartments.

Once inside her apartment building the inebriated attorney embarked upon her plan to gain entrance to her actual apartment.  The plan involved sliding down the garbage chute to the basement, making her way into the apartment building's garden, and then climbing through one of the windows to her first floor apartment.

Tragically, the attorney neglected to plan for the trash compacting mechanism inside the chute, which she activated during her downward plunge.  It grabbed her arm, smashed it, nearly tore it off, and trapped her for about 45 minutes.      

The story is here, here, here, here and all over the rest of the internet.

Here are unrelated trash chute adventures:






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Attorney's Club Invitation Lands Client In Jail

This story does not involve an episode of alcohol addiction or even alcohol abuse - at least not by any technical definition of those terms.  Nor does it describe an incident in the United States.  But it does involve an interesting situation where an attorney and alcohol indirectly led to adverse consequences for the attorney's client. 

Saskatoon is the largest city in Saskatchewan, Canada.  It has a population of approximately 260,600 residents, or Saskatonians.  Sure the low temperature this Christmas is expected to drop to -27 degrees Fahrenheit.  But pictures of the City are beautiful making me want to visit in the summer. 

Perhaps it was the cold weather and the desire to be indoors without the need for travel that led to the following course of events.  When Saskatoon attorney, Dean Mattison, asked his client to meet with him to sign a legal document, he picked Finn's Irish Pub at the Park Town Hotel as a nice social meeting place.  There was just one problem:  His client was not allowed to be in any bars. 

His client was out on bail after being arrested on suspicion of drug-trafficking.  As a condition of his bail, he was ordered to stay away from any bars or nightclubs, abstain from alcohol and cell phone use.  He claims he reminded his attorny of that condition, but they kept their meeting anyway.  It is claimed by witnesses that once at the pub, the client even ordered a beer and used a cell phone.  The witnesses were none other than the police officers who had arrested the man earlier in the month, and were aware of the conditions of his bail.

The story is here.




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What are the DTs?

Delirium tremens or "DTs" is a medical emergency. It is a severe form of alcohol withdrawal that causes such things as body tremors, agitation, irritability, confusion, disorientation, paranoia, and hallucinations.

Generally, the DTs occur when a heavy drinker stops drinking abruptly and experiences alcohol withdrawal. A heavy drinker in this case is one who drinks 4 - 5 pints of wine, 7 - 8 pints of beer, or 1 pint of distilled liquor a day. DTs are also common in alcoholics who have been drinking for more than 10 years.

As we stated, the DTs is a medical emergeny and medical intervention is necessary. Usually patients are treated with benzodiazepines, such as Valium or even Restoril. To read more about delirium tremens and treatment, see here and here.  For a scholarly article on alcohol withdrawal, see here.

And to answer a question that many people have: yes, withdrawal from alcohol can be fatal.   



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Alcohol Abuse v. Alcoholism

Lawyers - or anyone else for that matter - with a drinking problem may fall into the category of alcohol abusers, or alcoholics.  What is the difference between alcoholism and alcohol abuse? 

Alcoholism is when the person drinking is physically addicted to alcohol.  An alcoholic will continue to drink even though he or she has physical health or mental health problems; or drinking interferes with social, family, or job responsibilities.  Alcohol may control a person's life and relationships, because drinking may be all that person thinks about. 

Alcohol abuse is when a person's drinking leads to problems, but not physical addiction.  What kind of problems?  Well, someone may have too much to drink and get into a fight.  An isolated DUI may be another problem.  A person who begins to have many of these problems may be in danger of suffering from addiction.  When I was in the Marine Corps we used to keep track of a Marine's "alcohol related incidents" such as those mentioned above.  Whenever a Marine started to rack up more that two or three of these incidents that Marine would receive education in alcohol abuse prevention.   

To read more about alcoholism and alcohol abuse read here.



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Utah Attorney Ordered To Stand Trial For DUI - Again

A lawyer facing his sixth DUI charge was ordered to stand trial.  He had been arrested on suspicion of DUI six months after being released for a previous DUI conviction.  The story is here. 

The arresting police officer testified at a hearing that he saw a car swerve and pulled it over.  He smelled alcohol, and said the driver had glassy eyes and spoke with slurred speech.  The attorney arrested is a former criminal defense attorney.

 

The Arkansas Judges and Lawyers Assistance Program reports that at least two studies found judges and lawyers suffer from a higher rate of alcoholism than the general population.  While about 10% of the general population suffers from alcoholism, for lawyers it is almost 20%.  That's why many states require attorneys to complete continuing legal education in the prevention of substance abuse in the legal profession.  Lawyers may also check with their State Bar association for programs offering counseling and treatment. 

 

 

 

 

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West Palm Beach Attorney Arrested: DUI

 

There was a rear end accident the other Friday in downtown West Palm Beach.  The investigating police officer smelled alcohol and noted the rear end driver had glassy and bloodshot eyes.  He refused to be tested.  The driver was arrested and it turned out to be none other than an attorney who once ran for circuit court judge. 

 

The story is here. 

 

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Missouri Attorney Arrested For Smuggling Drugs

Abusing drugs and alcohol is one way attorneys may get into trouble with their local bar associations.  Smuggling them is another way.  That’s what happened to a Missouri attorney.  He was arrested last month for trying to smuggle drugs into his the Cole County jail.

The story is here. 

Here's a video on how others have smuggled drugs into prison. 

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Drunk Attorney In Court Jailed For Contempt

What happens when attorneys shows up for court in Nelson County, Kentucky having had too much to drink? They get thrown in jail for contempt. At least that is what happened to one attorney in this report from WLBT.

The incident occurred in September when the attorney showed up at court representing the plaintiff in a domestic violence case.  During the hearing the Judge because suspicious and ordered the attorney to be tested for alcohol.  When the results came back positive, the judge had the attorney jailed for contempt of court. 

Alcohol abuse and addiction is quite serious when it is an attorney who has the problem.   The attorney’s conduct may not only bring discredit upon himself and the legal profession, but his actions may also put his client’s interests in jeopardy. 

 

WLBT.com - Jackson, MS

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Another DUI Lawyer Alert

We post these news items for educational purposes.  Our goal is to highlight the fact that attorneys suffer from substance abuse problems at a rate higher than the general public.  That is why most states require attorneys to receive at least one hour of substance abuse prevention as part of their continuing legal education requirements. 

Unfortunately, our latest example is Nebraska attorney, Robert Gage.  Gage allegedly had a blood alcohol level three times over the legal limit when he rammed a car ahead of him and then fled on foot to get away.  The driver of the car he hit claims that he had to tackle Gage to prevent his escape.  The story is here. 

Here’s the rub.  Gage dedicates a portion of his practice to defending DUI drivers.   See another excellent blog post about the incident here.

Rob Gage DUI Lawyer Lincoln/ Omaha NE - The most amazing home videos are here

 

 

 

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DUI Judge: “Do As I Say, Not As I Do”

Again, as this story demonstrates, alcohol abuse does not discriminate on any basis - race, gender or class. A Nevada judge from Washoe County learned this lesson the hard way. Reno police arrested Buffy Jo Dreiling on DUI charges after she crashed her car. Fortunately, there are no injuries. Here’s the rub - Dreiling presides over the Family Drug Court. According to its website, “[t]he mission of the Family Drug Court is through a collaborative effort, to ensure a child has a safe and nurturing environment by focusing on healthy and sober parenting and permanency planning through family reunification.” The story is here. Hmm. According to the Nevada State Bar’s website, the continuing legal education requirement for Nevada lawyers is 12 hours per year, including 2 hours of ethics. I see no requirement for classes on the prevention of substance abuse. Maybe there should be.

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California Attorney May Lose License – Allegedly Drunk In Court

Beer

This is unfortunate. Last May a California attorney was accused of being drunk in court. The attorney, Michelle Winspur, is a criminal defense attorney who must now answer to the California State Bar. The story is here. Ms. Winspur denies the allegations.

Sadly, the above story reports other alcohol related incidents in which she has been involved. This story here reports more, including a missed court appearance and alleged DUI. See the video here.

Attorneys in California who need help with substance abuse issues may contact the Lawyer Assistance Program(LAP). LAP was established by the California Legislature. It is a confidential service of the State Bar of California, staffed by professionals with many years of experience.

LAP provides assistance to attorneys whose personal or professional life is being detrimentally impacted by substance abuse, other compulsive behaviors, and/or mental health concerns such as depression and anxiety.

LAP includes: individual counseling, expert assessment and consultation, assistance with arrangements for intensive treatment, monitored continuing care, random lab testing, professionally facilitated support groups, and peer support groups.

The program also works with family members, friends, colleagues, judges and other court staff who wish to obtain help for an impaired attorney. Financial assistance is available so that no one is prevented from participating in the program due to financial limitations.

Attorneys may self-refer into this program or may be referred as the result of an investigation or disciplinary proceeding. Participation in the LAP is strictly and absolutely confidential. No information concerning participation in the program can be released without the attorney’s prior written consent.

More can be found here.

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